Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office, (319) 753-8124.
MINUTES OF THE PROCEEDINGS
OF THE BURLINGTON, IOWA CITY COUNCIL
Meeting No. 20
October 19, 1998
The Burlington City Council met in regular session at 7:00 p.m. with Mayor Scott, Council
Members Edwards, Henry, Thomas and Wright, present.
BURLINGTON CITY COUNCIL
PROCLAMATIONS: * Red Ribbon Week - Teresa Colgan
* Mole Day - Sherman Lundy, Jacob Buhrow, Kyle Wilcox, Carrie Mittelstedter and Ruth Benjamin
* National Business Women's Week - Cindy Gaffney
CONSENT AGENDA: To the Public:
All matters listed under Item I., Consent Agenda, having been discussed were considered to be
routine by the City Council and were enacted by one motion. There was not separate discussion
of these items. If discussion was desired, that item was removed from the Consent Agenda and
was considered separately.
MOTION: To approve all listed under Item I., Consent Agenda.
DISCUSSION: None.
(VOTE: 5 "AYES") CARRIED
HEARINGS:
1. Statement: Consideration of Budget Amendment No. 2 to the 1998-99 Budget
COMMENTS: The City Manager stated that the total amount of budget amendment no. 2 to the
1998-99 budget was $1,081,987.00. The Finance Director stated that the budget amendment
consisted of the following items: $1,000,000.00 to MDI Limited Partnership No. 16 in the form
of a long-term loan; $69,687 for the Youth Center (to be offset by anticipated revenues of
$65,000.00 with the balance to be made up by curfew fine revenues carried over from last year);
$6,500.00 for the Development Department to provide sufficient funds to hire a consultant to
assist with re-writing the City's Subdivision and Zoning Ordinances; and $5,800.00 for the
library study undertaken the past summer (which was offset by $2,000.00 received from the
National Trust for Historic Preservation). All present had opportunity to speak and nothing
additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Budget Amendment No. 2 to the 1998-99 Budget
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration of An Ordinance Amending Chapter 10.64 Snow Emergency
Regulations of the Burlington Municipal Code
COMMENTS: The Streets Superintendent reviewed the proposed Ordinance Amending Chapter
10.64 Snow Emergency Regulations of the Burlington Municipal Code with Council and the
viewing audience. The City Manager stated that he received a comment from a citizen who
would like the City to have a phone line so that citizens can call to find out if a snow emergency
has been declared. Council Member Edwards stated that he liked that idea. He further suggested
that the message include the penalty cost and that vehicles will be towed if not moved off of a
snow emergency route. Council Member Wright stated that by changing the amount of snow
from 3 inches to 2 inches before a snow emergency can be declared and raising fines will allow
street crews to be more efficient and will be safer for citizens driving on the city streets. Council
Member Henry stated that Council should not be amending the code for the convenience of staff
but for the convenience of the public trying to drive on snow-covered streets. All present had
opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Motion for Preliminary Adoption of the First Reading of an Ordinance: An Ordinance
Amending Chapter 10.64 Snow Emergency Regulations of the Burlington Municipal
Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Statement: Consideration of An Ordinance Amending Section 12.16.080 Removal of Ice,
Snow and Debris of Chapter 12.16 Street and Sidewalk Use Regulations of the
Burlington Municipal Code
COMMENTS: The Street Superintendent reviewed the proposed Ordinance Amending Section
12.16.080 Removal of Ice, Snow and Debris of Chapter 12.16 Street and Sidewalk Use
Regulations of the Burlington Municipal Code with Council and the viewing audience. He stated
that the Ordinance included the following addition: no ice, snow or debris removed by any
private citizen, contractor or property owner from either private or public property shall be placed
or deposited in any manner within the traveled roadway portion of any street or alley of the City;
any person found to be in violation of this code section shall be guilty of a misdemeanor. Jerry
Rigdon of 1600 Heisey stated that he knows a property owner whose sidewalk is always covered
up with snow by the snow plows. The Streets Superintendent stated that the Street Department's
main concern was property owners who throw large amounts of snow out into the street. Council
Member Edwards questioned if the violation should be a simple misdemeanor in place of a
misdemeanor. The City Manager stated that the City Attorney felt the violation should be a
misdemeanor which would leave the seriousness of the altercations to be decided by the Police
Officer. Council Member Thomas stated that the Ordinance was needed due to safety issues. All
present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Motion for Preliminary Adoption of the First Reading of an Ordinance: An Ordinance
Amending Section 12.16.080 Removal of Ice, Snow and Debris of Chapter 12.16 Street
and Sidewalk Use Regulations of the Burlington Municipal Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
4. Statement: Consideration of An Ordinance Repealing Chapter 15.28, 8.04, 15.24, Section
320 of Chapter 9.04, and Chapter 8.16 of the Burlington City Code and Adopting Chapter
15.24 Part I Abandoned or Unsafe Buildings, Part II Environmental Nuisances, and Part
III Housing
COMMENTS: The Chief Code Inspector reviewed the proposed Property Maintenance
Ordinance with Council and the viewing audience. He stated that the Ordinance grouped three
codes (Abandoned or Unsafe Buildings, Environmental Nuisances, and Housing) into one
Property Maintenance Code structure. He stated that the "Abandoned or Unsafe Building Code"
was completely new and totally rewritten and replaces the current "Dangerous Building Code."
He stated that the "Environmental Nuisance Code" has been clarified in some areas and new
sections regarding property maintenance and motor vehicle exterior storage have been added. He
stated that the "Housing Code" remains the same with only minor changes, such as moving
administration sections to the front of the consolidated code. He stated that staff reviewed
Ordinances from twenty cities to come up with the proposed Ordinance. He stated that the
purpose of the Ordinance was to eliminate blight. He further stated that historical properties
would be protected by the Historical Preservation Code. Jerry Rigdon of 1600 Heisey Street
stated that only a small percentage of Burlington has been surveyed as a historical district. He
hoped that the City would be sensitive to property owners who are undergoing financial hardship.
Council Member Edwards stated that 33% of homeowners need financial assistance to maintain
their homes and the City needed to be sensitive to those individuals. Mayor Scott stated that
many times in the spring and the fall it is the same property owners that the City has to abate
their properties for nuisances. He stated that there needed to be an Ordinance to go after those
individuals, yet be sensitive to historical homes. Council Member Thomas stated that there were
individuals in the community who rehabilitate older dilapidated homes. Council Member Wright
stated that when a house needs to come down it should come down. The City Manager stated
that the City has already begun work in the targeted neighborhood for the purpose of acquiring
homes to be demolished through grants. He stated that a budget line item for that sole purpose
was needed. Council Member Henry stated that he agreed with Jerry Rigdon about being
sensitive to historical buildings, but the City also needs to be sensitive to how properties in
disrepair can devalue the quality of life for neighbors and their properties. He hoped that the
proposed Ordinance would eliminate those homes that have been burned and need demolished.
He further commended staff for their research on the issue. All present had opportunity to speak
and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Motion for Preliminary Adoption of the First Reading of an Ordinance: An Ordinance
Repealing Chapter 15.28, 8.04, 15.24, Section 320 of Chapter 9.04, and Chapter 8.16 of
the Burlington City Code and Adopting Chapter 15.24 Part I Abandoned or Unsafe
Buildings, Part II Environmental Nuisances, and Part III Housing
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
5. Statement: Consideration of Sale of 100 North Third Street (Archer Building)
COMMENTS: The City Manager stated that the proposed Resolution provides for the sale of 100
North Third Street (Archer property) to Metro Plains Properties in the amount of $65,000.00. He
stated that Metro Plains plans for the property includes private parking for Burlington
Apartments. Council Member Wright stated that it was another stepping stone to redevelopment
of the downtown. Council Member Henry stated that he was glad to see a private developer
developing the parking garage. Council Member Edwards questioned the number of parking
stalls that would be constructed. Janet McCannon of 920 Willow, representing Burlington
Apartments, stated that there would be two levels of enclosed parking with 69 parking spaces.
She stated that she was happy to see revitalization in the downtown. All present had opportunity
to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Sale of 100 North Third Street (Archer Building)
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
ORDINANCE:
1. Motion For Waiver of Preliminary Consideration and Adoption of the Second Reading;
and for Final Adoption of An Ordinance: An Ordinance Amending Sections 10.20.020
and 10.20.060 of Chapter 10.20 Traffic Control Devices of the Burlington Municipal
Code
DISCUSSION: The City Manager stated that there had been no changes to the proposed Traffic Control Device Ordinance since the public hearing. He stated that the proposed Ordinance identifies traffic light locations. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
RESOLUTIONS:
1. Resolution in Support for Burlington Community School Infrastructure Building
Improvement Projects
DISCUSSION: Mayor Scott stated that the Burlington School Board had requested the Council support the school district infrastructure building improvement projects. Council Member Edwards asked Mayor Scott to explain the amount of monies that will be saved by using sales tax monies in place of issuing bonds. Mayor Scott stated that $13,000,000.00 in interest payments alone would be saved by using sales tax monies in place of issuing bonds. Council Member Thomas stated that he would support the Resolution as new schools were needed in Burlington. Council Member Edwards stated his support due to the monies that can be saved verses bonding. Council Member Wright stated that he would not support the Resolution for the following reasons: that the issue will come before the voters, and though, he supports it as a citizen, didn't feel Council should campaign for the school board; and he had not heard a lot about adaptive reuse of the buildings. Council Member Henry hoped the school board would support the City in a couple of years when the City opts to renew its local option sales tax. He stated that many of the schools were not adequately wired for today's technology. He stated that the conditions of the schools were a concern to him and he would support the Resolution. Mayor Scott encouraged the school board to look at adaptive reuse. He stated that as a voter he was going to vote in favor of the $.01 sales tax. He stated that schools were a high priority in the community and supporting the sales tax was the right thing to do. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES" HENRY, SCOTT, THOMAS, EDWARDS
1 - "NAY" WRIGHT) ADOPTED
2. Resolution Approving Preliminary Plat for Binder Subdivision
DISCUSSION: The Development Director reviewed the preliminary plat for Binder Subdivision with Council and the viewing audience. He stated that the Plan Commission voted eight to zero to conditionally accept the preliminary plat subject to the following conditions: all lots be brought into conformance with City standards including the addition of two off street parking places to Lot 4 and the removal of the out buildings located on Lot 3; and Lot 1 and Lot 2 need to be combined and platted as Lot 1 and a Storm Water Easement established and recorded with the final plat. Mary Binder of Gladstone, Illinois stated that she has met all the conditions of the Resolution. Gary Binder of Gladstone, Illinois stated that DeKalb Street was vacated and sold. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
3. Resolution Approving Final Plat for Horsley Subdivision
DISCUSSION: The Development Director reviewed the final plat for Horsley Subdivision with Council and the viewing audience. He stated that the petitioner has requested that his property be subdivided to allow the existing farmhouse and accessory structures to be sold. He stated that the remaining portion of the property the petitioner plans to continue to farm. He stated that the property lies within the City's two-mile jurisdiction for subdivision review. He further stated that Des Moines County has approved the final plat. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
4. Resolution Approving Preliminary Plat for Faith United Presbyterian Church Subdivision
DISCUSSION: The Development Director reviewed the preliminary plat for Faith United Presbyterian Church Subdivision with Council and the viewing audience. He stated that the church would like to sell the deteriorating parsonage located on the same lot as the church due to financial hardship. He stated that the Plan Commission voted eight to zero to conditionally accept the preliminary plat subject to the following waivers from the Subdivision Ordinance: Section 16.28.230 - Lot Depth and Section 16.28.240 - Lot Area. He further stated that the neighborhood association was in favor of sale of the property which would put the house back on the tax rolls. Forrest Krummel of 2701 Meadowbrook Drive stated that the current congregation has no desire to expand their building toward the west. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
COMMENTS FROM AUDIENCE: Council Member Edwards presented to the City Clerk on
behalf of Keith Gardner of 1302 South 12th a letter requesting that a new golf shed be built for
private golf carts. He stated that he would like to see the item placed on a future work session.
All present had opportunity to speak and nothing additional was filed in the office of the City
Clerk.
Adjournment: 9:18 p.m. Approved: November 2, 1998
Kathleen P. Salisbury Timothy E. Scott
City Clerk, CMC Mayor
(See tapes on file in the office of the City Clerk for complete discussion and documentation.)
ITEM I.
Consent Agenda
FINANCES AND MISCELLANEOUS
Minutes of Previous Meetings
Payroll and City Claims
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
NUISANCE ABATEMENTS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Continuation of Case Model 1845C Skid Steer Loader Replacement
Program
2. Resolution Approving Continuation of Heavy Duty Wheel Loader Replacement Program
SET DATE FOR PUBLIC HEARINGS: November 2, 1998
1. Presentation and Discussion of the Proposed Facilities Plan to Separate Sanitary Sewers
from Storm Sewers Throughout the Hawkeye Sewer Drainage Basin
2. Consideration of Acquisition of the Lot and Improvements at 109 North Leebrick Street
Under the Targeted Neighborhood Planning Program, Infill Development Plan
APPOINTMENTS:
Riverfront Advisory Committee: Doug Smith, Dr. Sidney Carter and Charlie Walsh